Tiroff v. State

MORRISON, Presiding Judge.

The offense is rape; the punishment, 10 years.

This opinion will be lengthy because it must cover two statements of fact of equal length, one on' the original trial and the other on the motion for new trial. The sole question presented for review is the refusal of the trial court to grant a new trial on the grounds that an inculpatory witness made an affidavit following the original trial which contained a statement contradictory to her testimony upon the trial.

ON THE ORIGINAL TRIAL

The prosecutrix, a 26-year-old married woman and the mother of 2 children, in company…